Remote Work in Ukraine: Can an Employee Unilaterally Change Their Work Location? A Comprehensive Legal and Practical Overview
The Ukrainian legal framework clearly regulates employment relations between employees and employers, especially when it comes to remote work.
Increasingly, professionals and workers are turning to telecommuting, which necessitates flexibility and mutual understanding.
But does an employee have the right to independently change their designated work location within the scope of remote work, and what legal restrictions exist? According to Article 60-1 of the Labour Code of Ukraine, when remote work is introduced, the employee’s workplace is considered fixed and cannot be altered unilaterally without the employer’s consent.
This means that any change, even if necessary for fulfilling job duties, must be documented and agreed upon in accordance with the employment contract for remote work.
However, the law also allows exceptions: if the employee cannot perform their duties at the fixed work site due to reasons beyond their control, they may request to change their workplace.
Such a request must be communicated at least three working days prior to the proposed change, following the procedures outlined in the employment agreement.
The employer’s refusal to approve the change must be justified and aligned with operational interests.
It’s also important to note that an employee who fails to appear at work without valid reason for six months may face disciplinary action or dismissal in accordance with Ukrainian labour laws.
Thus, while there is room for flexibility, any modifications regarding work location require proper formalities and mutual agreement to ensure compliance with legal standards.